Bill > HB311

This bill requires property managers of rental properties with four or more dwelling units to refund rental application fees under specific conditions. If an applicant does not sign a rental agreement, the property manager must return the application fee within a reasonable timeframe, with the ability to deduct only the actual out-of-pocket costs for specific services like credit checks. The bill mandates that property managers provide written notice detailing the specific costs at the time the application fee is collected, and they cannot retain fees for services not performed. If a property manager wrongfully withholds any portion of the application fee, the applicant can pursue a civil action to recover damages, potentially with attorney fees awarded at the court's discretion. The bill places the burden of proof on the property manager to demonstrate the services rendered, and it specifically defines an "application fee" as the total amount paid to be considered for renting a dwelling unit, and "cost" as the actual out-of-pocket expense for specific application-related services. The bill will apply to application fees collected on or after its effective date.

Business and Industry, Justice

https://bills.legmt.gov/#/laws/bill/2/LC1666